Leniency Program in the Anti-Corruption Law

The paper examines the leniency program in the Brazilian Anti-Corruption Law, from acomparative and empirical perspective. Leniency programs, understood as a set of standardsthat allow offenders to avoid or reduce the punishments they would receive in exchange forconfession and collaboration during the assessment process conducted by the competentauthorities, are adopted in foreign legal systems since 1978. The recently adopted leniencyprogram in Brazilian anti-corruption law (Law No. 12,846 / 2013) shows significantdistinctions of antitrust leniency program (Law No. 12.529 / 11). The program is founded onthe Theory of Deterrence. The Brazilian anticorruption leniency program has the followingmain characteristics: admit only partial leniency; apparently limits access to the applicantswho first present themselves to the authorities (despite the reality observed in the case ofOperação Lava-Jato); can be requested ex post; there are no restrictions on application to theleader of the illicit conduct. Although being an important advance, it is possible to identifyissues that should be better handled in order to enable the effective fight against corruption